Buford, GA asked in Family Law and Contracts for Georgia

Q: If hubby and wife buy a house while they are married and he signs a paper that says if we ever get a divorce wife keeps

The House will that be legit and stand in court for wife to keep the house? Will the paperwork need to be notarized for the court to consider it? Will it even be considered or granted?

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2 Lawyer Answers
V. Joy Edwards
V. Joy Edwards
PREMIUM
Answered
  • Atlanta, GA
  • Licensed in Georgia

A: Probably not. There are issues with authenticity that would need to be considered, along with basic contract law issues. For the court up even consider it would need to be notarized and witnessed.

Homer P Jordan IV
Homer P Jordan IV
Answered
  • Atlanta, GA
  • Licensed in Georgia

A: If they are married and buying a house together then it should likely be considered marital asset and the court would split it, along with the other assets. If you want a prenuptial type of agreement regarding the house, or anything else, you should consult with an attorney who can help you with one to ensure it is legal and will hold up in court.

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